Bill by the North Carolina General Assembly concerning fees for public officials

North Carolina. General Assembly

October 07,
1736 - October 09,
1736

Volume 04, Pages 189-200

A Bill for an Act for ascertaining & regulating Publick Officers Fees and Officers.

Whereas all Extortions, Exactions and Corruptions are and ought to be odious and prohibited in all well governed places whatsoever, for prevention therefore of such Evils we pray it may be enacted by his Excellency the Governour and Council and general Assembly and by Authority of the same that no publick Officer or person whatsoever shall at any Time or Times hereafter take or require any sum of money, fee or reward whatsoever for any Matter, thing or business belonging to his or their respective Office, Place, Profession or Employment mentioned in this Act other than such and so much Fees as are hereafter in the respective Table of Fees hereto annexed set down omitted and appointed in Proclamation money on the pains and forfeitures hereafter mentioned and expressed any Law, Usuage or Custom to the contrary or any wise notwithstanding.

GOVERNOUR'S FEES

For every Grant of Land or Patents signed or to be signed for six hundred and forty acres and under—Ten shillings

Every Grant or Patents for more than six hundred and forty acres.

1

“

0

“

0

To the Governour's Secretary for the Seal & Wax

—

“

5

“

—

-------------------- page 190
--------------------

Signing a Testimonial and Seal.

—

“

10

“

—

Signing Letters of Administration.

—

“

8

“

—

A Marriage Licence.

—

“

10

“

—

The Probate of a Will & Letters Testamentary

—

“

10

“

—

Letters of Guardianship.

—

“

8

“

—

A Warrant for Land.

—

“

2

“

6

A Certificate or Register for a ship or vessell under 30 tons.

—

“

5

“

—

All above 30 tons.

—

“

10

“

—

Any Commission for a place of profit.

2

“

—

“

—

The Governour's private Secretary for the same.

—

“

5

“

—

FEES IN CHANCERY.

Signing and sealing an Injunction to stop suits of Law or to stay coaste.

—

“

8

“

—

Signing a Decree in Chancery.

—

“

14

“

—

Signing an Exemplification of a Decree and seal thereto.

—

“

14

“

—

Admission of an Infant to appear by Guardian

—

“

2

“

6

REGISTER OR CLERK IN CHANCERY

Drawing and entring all orders of Court per Copy Sheet containing fifteen lines and six words in a line.

A Grant or Patent for Land if 640 acres or under & recording the same.

—

“

10

“

—

-------------------- page 191
--------------------

Ditto if above 640 acres.

—

“

15

“

—

Letters of Administration and Bond.

—

“

8

“

—

Writing the Probate of a Will and Letters Testamentary.

—

“

5

“

—

Copy of a Will each Copy sheet.

—

“

—

“

7½

Letters of Guardianship.

—

“

—

“

8

A Caveat.

—

“

2

“

6

A Testimonial and the Seal thereto.

—

“

7

“

6

Every search.

—

“

1

“

—

Recording a Will or any other Writing per Copy Sheet.

—

“

—

“

7½

For every Commission

—

“

6

“

—

PUBLICK REGISTERS FEES.

Registering any Conveyance, Grant, Lease Letter of Attorney Bond or other Writing per Copy Sheet.

—

“

—

“

7½

Copies of any Deeds &c: registered in the Office per Copy Sheet.

—

“

—

“

7½

Every Search.

—

“

1

“

—

Entring Satisfaction on any Mortgage.

—

“

2

“

6

A Certificate at the request of the party.

—

“

2

“

—

CHIEF JUSTICES FEES IN THE COURT OF COMMON PLEAS.

Every Capias Subpœna, or other writ or process of return.

—

“

2

“

6

Entring Satisfaction.

—

“

1

“

—

Entring an Action in the Judges Book that goes to a Jury.

—

“

5

“

—

Taxing a Bill of Costs.

—

“

3

“

4

Drawing a speciall Jury.

—

“

5

“

—

Every speciall Court and attendance thereon.

1

“

—

“

—

Every order of Court.

—

“

1

“

—

Bail taken before him.

—

“

5

“

—

The admission of any person to be an attorney of the Courts.

4

“

—

“

—

Every judgment confessed at large out of Court.

—

“

9

“

—

Signing a Testimonial of a Woman's Examination and renouncing her Right of Dower or inheritance.

—

“

10

“

—

Every affidavit drawn at large.

—

“

2

“

6

Examination of Witnesses out of Court each.

—

“

5

“

—

Every other affidavit.

—

“

1

“

—

-------------------- page 192
--------------------

Every speciall Warrant under the hand of the Chief Justice and the seal of the Court.

—

“

2

“

6

Every Judgment at large.

—

“

2

“

6

HIS FEES AT THE SESSIONS.

Every Recognizance taken before him.

—

“

5

“

—

Every Indictment found bella vera.

—

“

4

“

—

Every Writ.

—

“

2

“

6

Every Warrant under his hand.

—

“

4

“

—

Taxing a Bill of Costs.

—

“

2

“

6

Every Order of Court.

—

“

2

“

—

CLERK OF THE COURT OF COMMON PLEAS

Every Writt

—

“

1

“

—

Filing a Declaration Plea, Replication Demurrer Joynder in Demurrer

0

“

0

“

9

Copying a Declaration or other Writing per Copy Sheet

—

“

—

“

7½

Reading a Bond Deed or power of attorney

—

“

—

“

7½

Every order of Court per Copy

—

“

—

“

7½

Every search in the Records

—

“

—

“

7½

Signing any Judgment at large

—

“

2

“

6

Attending, drawing a speciall Jury at a speciall Court

—

“

5

“

—

Each days attendance at a speciall Court.

—

“

5

“

—

Drawing a Recognizance & attending on taking every speciall Bail.

—

“

2

“

6

Recording every writing per Copy Sheet

—

“

—

“

7½

Receiving money into Court and paying it out again one and a half per Cent

HIS FEES AS CLERK OF THE CROWN.

Reading a Petition or other Writing

—

“

—

“

7½

Entring an Order by the Copy Sheet.

—

“

—

“

7½

Copy of an Order by the Copy Sheet.

—

“

—

“

7½

A Bond.

—

“

2

“

—

A Committment.

—

“

1

“

—

Filing a Petition or any other Paper.

—

“

—

“

6

Drawing any Warrant.

—

“

2

“

6

A Writ of Restitution.

—

“

2

“

—

Every Man arraigned.

—

“

4

“

—

Every Indictment.

—

“

1

“

—

A Traverse or Release or any one acquitted by Proclamation.

—

“

2

“

—

-------------------- page 193
--------------------

Writing a Recognizance by Copy Sheet.

—

“

—

“

7½

Every Subpœna.

—

“

1

“

—

The Copy of an Indictment.

—

“

—

“

7½

Writing the presentment of a Constable.

—

“

—

“

7½

Every cause entered in the Kallender Order.

—

“

1

“

—

Recording the Proceedings of a Cause each Copy Sheet.

—

“

—

“

7½

Every Certificate of a Coroner having returned an Inquisition into Court.

—

“

2

“

9

Swearing every Evidence

—

“

—

“

7½

THE JUDGE OF THE ADMIRALTY FEES.

A Warrant of Arrest and each other Warrant.

—

“

2

“

—

The Return thereof.

—

“

1

“

—

Admitting the Libels.

—

“

2

“

—

Citation of Witnesses.

—

“

1

“

3

Examining Witnesses each.

—

“

2

“

—

Administring an Oath.

—

“

1

“

—

Every Order entered and signed by the Judge

—

“

1

“

—

Every Interlocutory Decree.

—

“

1

“

—

Definitive Sentence

—

“

10

“

—

REGISTERING THE ADMIRALTY HIS FEES.

Every Warrant.

—

“

2

“

—

Filing every paper and Instrument exhibited in Court.

—

“

1

“

—

Every Citation.

—

“

1

“

—

Every Witness Sworn.

—

“

1

“

—

Reading every Libel and answer, each.

—

“

2

“

6

Every Copy of the proceedings in the Court each Copy sheet containing ninety words

—

“

—

“

7½

Entring every order.

—

“

—

“

9

Every final sentence.

—

“

5

“

—

Entring motions in Court.

—

“

—

“

6

Interrogatories and Answers per Information each Witness interrogated.

—

“

2

“

6

Entering the Return of every warrant.

—

“

—

“

7½

Copy Appraisement with Schedule.

—

“

5

“

—

Notification of Sale.

—

“

1

“

3

Exemplification of every Cause per Copy Sheet

—

“

—

“

7½

Reading the Marshalls return of every Writ Summons &c:

—

“

—

“

7½

-------------------- page 194
--------------------

Drawing and engrossing Testimonials signed by the Judge to be affixed to Exemplification &c:

—

“

1

“

3

THE KINGS ADVOCATE HIS FEES.

His retaining Fee.

1

“

—

“

—

Taking out a Warrant for Arrest.

—

“

5

“

—

Drawing and engrossing every Libel, Answer Allegation, Interrogatory or other Instrument Exhibited in Court per Copy Sheet.

—

“

—

“

7½

Abbreviating every Copy Sheet of Instruments exhibited by the adverse party.

—

“

—

“

7½

Every motion made in Court.

—

“

2

“

6

Taking out each Citation for Witnesses.

—

“

1

“

3

His Fees on arguing any Matter of Law.

—

“

10

“

—

His Fees on examination of Witnesses in ordinary cases for each Witness.

—

“

1

“

3

Proctors Fees the same except retaining Fee to be but 10s & on arguing matters of Law.

—

“

5

“

—

MARSHALS OF THE ADMIRALTYS FEES

Serving every Warrant on Land.

—

“

2

“

6

Do: on Water.

—

“

8

“

—

Each day keeping a Vessell in his Custody.

—

“

5

“

—

Serving each Citation.

—

“

1

“

3

Selling Vessels and Goods and paying the Money 5 per Cent.

PROVOST MARSHAL'S FEES.

Summoning a speciall Jury.

0

“

10

“

—

Serving every Writ.

—

“

6

“

—

Returning the same.

—

“

1

“

6

A Bail Bond.

—

“

2

“

—

Summoning the Jury and returning the each cause tryed.

—

“

1

“

—

Calling each action.

—

“

—

“

4

Serving a Subpœna or Rule of Court.

0

“

1

“

—

An Execution on the Body or Goods if not above 100 Current Money Twelve pence per pound; if above 100 for each pound above six pence.

Dyet of White prisoners per diem allowing one pound of Bread and one pound of flesh all wholesome provision.

0

“

1

“

3

-------------------- page 195
--------------------

Copy of a Comitment.

—

“

1

“

—

Waiting on any person a habeas corpus each day.

—

“

5

“

—

Each person presented and prosecuted.

—

“

2

“

—

Each person acquitted by Proclamation.

—

“

1

“

—

Serving an order of Council in Criminal Matters and not otherwise.

—

“

5

“

—

Comitment of any person.

—

“

2

“

—

Going by Water each mile but nothing for returning.

—

“

—

“

3

REGISTER OF BIRTHS AND MARRIAGES.

Registering any Birth or Marriage.

—

“

1

“

3

Searching the Registry.

—

“

1

“

3

Every Copy of the Register and Certificate.

—

“

2

“

6

ATTORNEY GENERALS FEES.

His Report to the Governour in each private case referred to him by the Governour and Council.

—

“

10

“

—

Drawing every Capias against persons endicted and not bound over or against persons prosecuted by the Grand Jury or Constables.

—

“

5

“

—

Every Recognizance.

—

“

5

“

—

Drawing every Endictment found by the Grand Jury.

—

“

10

“

—

Every person acquitted by Proclamation.

—

“

2

“

6

Entering a Noli prosequi.

1

“

0

“

0

Attending at the Judges Chamber to take the Affidavit of any person.

—

“

5

“

—

Drawing every Affidavit each Copy Sheet.

—

“

—

“

7½

Arguing Demurrer Exceptions or any Motion or Arrest of Judgment

1

“

0

“

—

CLERK OF THE CHURCH OF ENGLAND HIS FEES.

Attendance at Funerals

0

“

2

“

0

The Ground of each Grave

0

“

3

“

—

Attendance at every Marriage

0

“

2

“

6

SEXTONS FEES.

Digging the Grave

—

“

3

“

0

Ringing the Bell

—

“

2

“

6

COLLECTOR OF THE KING'S CUSTOMS HIS FEES.

Entring inwards & clearing outwards every Vessell of thirty Tons and upwards with general permit to load and unload

—

“

6

“

—

-------------------- page 196
--------------------

[COLLECTOR OF THE KING'S CUSTOMS HIS FEES.]

Do under Thirty tons

—

“

4

“

—

Every new Register of a Vessell thirty Tons and upwards

—

“

8

“

—

Do of a Vessell under thirty

—

“

4

“

—

Granting every Certificate of Naval Stores or for a Certificate for cancelling a Bond or Cocket for shipping of Goods

—

“

2

“

—

Every Bill of Stores

—

“

2

“

6

Endorsing the Register of every vessell

—

“

2

“

—

Registering the names and discription of the men

—

“

2

“

6

NAVAL OFFICERS FEES.

Entring & clearing outwards every vessell of Tons and upwards

0

“

6

“

—

Do under Tons

—

“

4

“

—

Every Bond for enumerated Commodities

—

“

2

“

—

Granting a Certificate or Cocket.

—

“

2

“

—

Granting a Certificate to cancell a Bond given for enumerated Commodities

—

“

2

“

6

The Bond of every vessell entring inwards

—

“

2

“

6

Taking Bond to obtain a Pass for people going out of the Country

—

“

2

“

6

A Ticket for them that go off that are able to contract Debts

—

“

2

“

6

Every underwritten Bond

—

“

2

“

6

Every underwriting

—

“

—

“

7½

THE REGISTER OF THE COURT OF ADMIRALTY FOR TRIAL OF PIRATES HIS FEES.

The Motion

—

“

1

“

—

Every Warrant of apprehending

—

“

2

“

6

His examination in writing per Copy Sheet

—

“

—

“

7½

Examining Informers each Copy Sheet

—

“

—

“

7½

An Order thereon

—

“

—

“

7½

Commitment of Mittimus

—

“

1

“

—

Attendance at Court each day

—

“

2

“

6

Every Oath in Court

—

“

—

“

7½

Summons for Witnesses each

—

“

1

“

—

Every Recognizance

—

“

2

“

6

Reading the Comission of Piracy

—

“

1

“

—

Reading Articles of Accusation

—

“

1

“

—

Interrogatories & answers per the King each Copy Sheet

—

“

—

“

7½

-------------------- page 197
--------------------

Do per Party

—

“

—

“

7½

Entring the Prisoners defence what he hath to say per Copy Sheet

—

“

—

“

7½

Entring the votes of the Judges

—

“

1

“

—

Drawing the Sentence

—

“

—

“

7½

Warrant of Execution.

—

“

2

“

6

MARSHALLS FEES ON TRYAL OF PIRATES.

Each days Attendance.

—

“

5

“

—

Execution of each Criminal.

1

“

—

“

—

Commitment.

—

“

2

“

6

Releasement.

—

“

5

“

—

Diet per Diem.

—

“

1

“

3

THE CLERK OF THE COUNCILS FEES.

Drawing Petitions, if drawn by the Clerk and read in Council.

1

“

2

“

6

Reading a Petition.

—

“

2

“

6

Copy of any other paper per Copy Sheet.

—

“

—

“

7½

Copy of Orders on Petitions.

—

“

2

“

—

A Citation or Summons each.

—

“

1

“

—

Reading any Paper per Copy Sheet.

—

“

—

“

7½

Every Oath in Council.

—

“

1

“

—

The rough Draught of all Instruments per Copy Sheet.

—

“

—

“

7½

Attending entring Minutes and all other Services not particularly mentioned, on hearing Caveats entering the Determination on each & copy to the party.

—

“

10

“

—

Every motion & order thereon where there is a determination.

—

“

2

“

—

Fileing, countersigning & entering all Grants signed in Council.

—

“

1

“

—

THE JUSTICES OF PEACE THEIR FEES.

Taking a Deposition in Writing.

—

“

1

“

—

A Warrant.

—

“

1

“

—

A Summons.

—

“

1

“

—

A Recognizance.

—

“

1

“

6

A Commitment of a White person.

—

“

1

“

—

A Liberate or Discharge for a White person.

—

“

1

“

—

A Probate of any Writing.

—

“

1

“

—

Granting an attachment.

—

“

1

“

—

-------------------- page 198
--------------------

An Execution.

—

“

1

“

—

Hearing a Cause and giving Judgment.

—

“

1

“

—

Swearing Appraisers and certifying the same for the whole.

—

“

1

“

—

CONSTABLES FEES.

For serving a Warrant.

—

“

1

“

—

Execution.

—

“

1

“

—

Poundage per pound.

—

“

—

“

2

For serving a summons.

—

“

1

“

—

CLERK OF THE COUNTY OR PRESENT COURTS FEES

Every Writ and return.

—

“

2

“

—

Fileing a Declaration Plea, Replication Demurrer &c.

—

“

—

“

6

Copying every Declaration or other writing per Copy Sheet.

—

“

—

“

7½

Entering every order of Court.

—

“

—

“

6

Attachment the same as a Writ.

Every Subpœna or Summons.

—

“

1

“

—

Administring every oath.

—

“

—

“

4

Every Search in the Records.

—

“

—

“

6

Reading every Petition, power of Attorney or other Paper in Court.

—

“

—

“

6

Writing and taking every Recognizance in Court.

—

“

2

“

—

Acknowledgement of Sales of Land.

—

“

2

“

—

Entring up every Judgement & reading every Writing per Copy Sheet.

—

“

—

“

7½

Dismission of every Suit or Retraxit.

—

“

4

“

—

Recording a Mark or Brand.

—

“

1

“

—

Entring an Appeal.

—

“

1

“

—

Copy of the Proceedings by him returned to the General Court each Copy Sheet.

—

“

—

“

7½

For doing the precinct or County business relateing to Roads Constables Surveyors &c: to be allowed out of the publick Levys per ann.

ESCHEATOR GOVERNOR'S FEES

For every Inquisition & return and all other Proceedings thereon.

3

“

—

“

—

SURVEYOR GENERAL'S FEES

For surveying six hundred and forty acres of Land & under and all Fees incident thereto

1

“

3

“

4

For every Hundred acres above this Tract

—

“

2

“

—

-------------------- page 199
--------------------

And be it enacted by the Authority aforesaid that if an Officer or Officers shall take and receive for any business thing or matter relateing to his or their Office or Offices more than by this act are set down limited or appointed, or shall create, make or take any other or new Fee or Fees than what is in this Act particularly set down and expressed, or shall multiply Fees and shall be thereof convicted by the Oath of the Person or Persons paying the same he or they shall forfeit and pay ten pounds Proclamation Money for every Fee or Sum of Money he or they shall take or receive contrary to the true intent and meaning of this Act one moyety of which said forfeiture shall be to his Majesty for supplying contingent charges of Government and the other moyety to the party grieved or him or them who will informe & sue for the same within three months after the Receipt of such money or thing to be sued for and received by Action of Debt or by originall Writ Bill plaint or Information in any of the Courts of Record within this Province wherein no wager of Law essoign Priviledge protection or any other Delay shall be allowed or admitted. Provided that nothing in this Act shall be construed or taken to extend to prevent any Attorneys taking any larger Fee of his Client than is in this Act directed. And be it further enacted by the Authority aforesaid that any Publick Officer entitled to any of the Fees mentioned in the table hereto annexed shall within Twenty days after the Ratification of this Act set up and constantly keep a fair Table of the respective Fees belonging to his or their respective Office, taken in a fair and legible hand in words at length, and fix up the same in the most publick place of View, in such place as they usually execute the said Office upon the pain of the forfeiture of five pounds current money of this Province for every day they shall neglect to set up or keep the same as aforesaid, the said forfeiture to be to the same use and payable to the same persons and recovered in the same manner as the forfeitures before by this Act are given, ordained or appointed, and shall also upon request of any person paying such or any Fees as aforesaid give to him a Ticket or Bills of Costs, in which shall be incerted for what he takes such Fees. And be it enacted by the Authority aforesaid that the Clerk of the General Court and the Clerk of every respective precinct Court within this Province shall before the beginning of every second Court or Term after any Verdict obtained and Judgment thereon or any Judgment obtained by default or without record or cause to be recorded in a Book for that purpose kept Proceedings in the said Causes and the Judgment obtained thereon with a proper Index to the said Record Book of the said Judgments, and shall also preserve and keep the Docquett of every Court or Term fair & legible under the pain of the forfeiture of one hundred pounds Current

-------------------- page 200
--------------------

Money to be applyed to for the uses aforesaid and to be recovered as by this act is before directed. And be it enacted by the Authority aforesaid that the respective Clerk of every Precinct or County Court within this Province shall keep his Office in some convenient place of the Precinct or County where he is Clerk as also the Records of the said Precinct Court untill an Office is built in every Precinct for that Purpose and after such Office shall be built every Clerk shall attend at the office every other Saturday from the hours of 9 o' the clock in the morning till four in the afternoon under the Penalty of fifty pounds current money of this Province to be applyed as aforesaid and recovered as aforesaid And whereas the foregoing Fees are computed in Proclamation Money which is not at present the Currency of this Province Be it enacted by the Authority aforesaid that the foregoing respective Fees shall be paid in the Current Bills of this Province at three hundred per cent advance (that is to say) for every shilling Proclamation money four shillings of the present currency and so in proportion for a greater or lesser Summ and shall and may be taken by the respective Officers before mentioned and no more untill the Generall Assembly shall think fit to alter the same upon the rise or fall of the exchange. And be it further enacted by the Authority aforesaid that this Act and every Clause Matter or thing herein contained do remain and continue in force for years and from thence to the End of the next Session of Generall Assembly and no longer.

Referred to in Govr Johnston's letter of 15th Octr 1736.

A Bill for an Act for ascertaining & regulating Officers Fees & Officers.